Terms & Conditions

1. To protect your own interests please read these Terms carefully.  The stairlift you have ordered will be manufactured to your specification and will be personalised for you and these Terms set out sole rights to cancel any contract that comes into force between us.   If you are uncertain as to your rights under these Terms or you would like any explanation about them please write to or telephone our Customer Services department at the address or number provided below.   These Terms apply only to stairlifts for installations for consumers living in residential properties in the United Kingdom.  If you are contacting us on behalf of a business please contact us at the address provided below. 

2. With these Terms we have sent you our quotation for selling and installing a stairlift at the location previously notified to us by you.  Our quotation does not include costs for certain items set out in these Terms and your attention is drawn to paragraph 11.  Our quotation is valid for a period of 30 days and is subject to the information with which you have provided us being correct.  If you wish to accept our quotation you can do so either by telephoning us and providing credit card details for payment of the deposit sum or by writing to us and enclosing a cheque for the deposit sum.   As at the date that we receive payment of the deposit in cleared funds a contract will be created between us that is subject to these Terms.
3. Our quotation is expressed inclusive of VAT that will be payable in addition unless you notified us when you contacted us that you qualify for VAT zero rating on the basis of a medical condition that qualifies for VAT relief, in which case you must return to us the enclosed eligibility declaration as soon as you can and in any event before we start manufacture of the stairlift ordered.  If you submit a declaration but are subsequently discovered or ruled not to benefit from zero rating then we will be required by law to charge VAT at the applicable rate on the price.  We are not qualified to advise you as to your VAT status and you should seek advice from a qualified professional if you are in doubt as to your VAT status.     

4. You are not obliged to accept our quotation. 

5. On our receipt of cleared funds from you in respect of the deposit sum we will contact you to arrange a suitable time for an engineer to make an inspection visit to the proposed location for installation.  You agree that we may contact you at the address, e-mail address and/or telephone number you have provided for this purpose.  If on inspection the location is considered suitable for the stairlift ordered and substantially conforms to the information you have provided to us our engineer will submit a report indicating the work needed to install the stairlift.  If our engineer considers the proposed location unsuitable for the stairlift ordered he will inform you, and where applicable, suggest an alternative stairlift from our range.  If our engineer considers that the location does not substantially conform to the information you have provided us we may either terminate the contract between us immediately by notice to you or send you a revised quotation for your acceptance or rejection.  If after inspection of the proposed location our engineer considers that we are unable to provide any stairlift for the proposed location for any reason we may terminate the contract between us immediately by notice to you.  If we terminate the contract or you reject any revised quotation we will in either event refund to you any deposit sum paid by you.

             
6. On our receipt of the engineer’s report confirming the suitability of the proposed location and conformance of the location with information provided by you, we will contact you for payment of the second instalment of the price set out in the quotation.  You may cancel the contract between us and receive a full refund of the deposit sum paid at any time up to payment of this second instalment by sending notice to us at the address below.  After the second instalment has been received by us in cleared funds we will instruct our manufacturing contractors to manufacture the stairlift.  The stairlift is manufactured specifically for the location in question and to meet your physical and other requirements.  Except as set out in these Terms, you do not have any right to cancel the contract once we have given such instructions.  The contract between us in not a distance contract for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (as amended).

  
7. Once we have given instructions to manufacture the stairlift our engineer will contact you to agree a date for its installation. The date agreed will depend on the time estimated for the manufacture of the stairlift ordered and you understand that this may be more than 30 days after the date of the contract between us.  We will use reasonable efforts to install the stairlift on the date agreed but such date is an estimate only.  We will however contact you in advance if installation will not take place on the agreed date for any reason.  Unless caused by reasons beyond our reasonable control, installation will in any event take place within a reasonable period from the date originally agreed with you.

 
8. If installation is delayed for a reason beyond our reasonable control which prevents us installing the stairlift within a reasonable time of the date agreed, you shall have the right to cancel the contract by notice in writing to us at the address provided below and we will repay to you all sums paid by you up until the date of cancellation.

   
9. You are solely responsible for seeking any consents necessary for the installation of the stairlift at the proposed location, for example any consent from the freeholder if you do not own the freehold of the proposed location.

 
10. In addition you are solely responsible for ensuring that the proposed location for the stairlift is in an acceptable condition for the installation of the stairlift to proceed.  Installation may be delayed, and a reasonable fee for wasted engineer time may be charged, if the proposed location is not in an acceptable condition for installation to proceed. 

11. Installation of the stairlift at the proposed location will be carried out by our qualified employees or sub-contractors using reasonable skill and care.  While our employees and sub-contractors will use such reasonable skill and care you acknowledge that the proposed location may during installation suffer some superficial damage requiring remedial work, for example repainting or replastering.  You shall be solely responsible for arranging and paying for such remedial work unless the damage caused during installation goes beyond the superficial damage described above when we shall arrange for such damage to be remedied at our cost within a reasonable time of installation being completed.

     
12. You will pay the purchase price as follows:

12.1 £500 on your acceptance of our quotation; 

12.2 50% within 5 days of our notice to you on our receipt of a satisfactory engineer’s report;

12.3 the balance on completion of installation of the stairlift.
We will issue one invoice to you on completion of installation.  If you require a statement as to the instalments paid please contact Customer Services.  Payment of each instalment is due within 5 days of the date of our contact with you or the date of invoice.  Payments may be made by cheque or by credit card by contacting us on the number below.  Unless you qualify for VAT zero rating and provide a eligibility declaration that is not subsequently discovered or ruled to be invalid VAT will be payable in addition by you.

13. We will not start manufacture of a stairlift until our receipts of cleared funds under paragraphs 12.1 and 12.2.

  
14. Ownership in the stairlift installed will not pass to you until we have received payment of the purchase price in full.  If you fail to pay the sum provided in paragraph 12.3 on time we reserve the right to take court action to either enforce payment or to require retrieval of the stairlift, and/or to charge interest on the outstanding sum at the rate of 2% above the base lending rate of the Bank of England from time to time from the date payment was due until the date it is received in full.

   
15. We warrant that the stairlift will comply with applicable national standards in force at the date of installation.  We further warrant to you that the stairlift will for a period of 12 months from the date of installation be of satisfactory quality (fair wear and tear permitted), fit for the purpose for which it is provided and will comply with the description of the stairlift provided to you.

 
16. On receipt from you of notice of a fault in the stairlift within a period of 12 months from the date of installation, we will send an engineer to inspect the stairlift.  Where the fault arises due to a breach of warranty we will remedy the fault at our own expense within a reasonable time.  If the fault is not as a result of our breach of warranty, including where any fault has arisen due to your negligence, misuse, modification of the stairlift or the location at which is installed, attempts to fix faults, failure of power supplies or other causes outside of our reasonable control, failure to follow basic maintenance and cleaning recommendations or accident, we will only undertake remedial work having agreed a cost for such work with you.  We reserve the right to charge a reasonable fee for time incurred by an engineer where a fault is not due to a breach of warranty.

 
17. We are able to offer an extended warranty period on request at our standard price from time to time.  If you would like to discuss an extended warranty period you should contact us on the number below.

  
18. The stairlift ordered is specifically designed for you and the location proposed for installation inspected by our engineer.  We shall not be liable for any modification made to the stairlift or the location inspected that causes fault in its operation unless such modification was made or approved by us.  You are advised that to modify or seek to fix a fault in the stairlift yourself may greatly increase the risk of injury to the user and may render the warranties in paragraph 15 ineffective.

  
19. You may at any time after installation request us to uninstall and remove the stairlift from the location where it is installed.  We will prior to undertaking such work agree our fee for doing so with you.  If we consider that the stairlift in question is in a reasonable condition and can be reused we may offer you a sum of money to purchase it from you in line with our then current purchasing policy for used stairlifts.  You are not obliged to accept our offer and if you do not do so we will dispose of the stairlift in question.  Removal of the stairlift from the location will be carried out by our qualified employees or sub-contractors using reasonable skill and care.  While our employees and sub-contractors will use such reasonable skill and care you acknowledge that the location may during removal suffer some superficial damage requiring remedial work, for example repainting or replastering.  You shall be solely responsible for arranging and paying for such remedial work unless the damage caused during removal goes beyond the superficial damage described above when we shall arrange for such damage to be remedied at our cost within a reasonable time of removal being completed.

     
20. Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence (or that of our sub-contractors), fraud or any other liability which may not otherwise be limited or excluded under English law.

 
21. In respect of damage to property caused by our negligence our liability shall not exceed £1 million.

22. Subject to paragraphs 20 and 21 our liability for any failure to perform a contract, or for negligence, or for any other claim that you may have, or allege to have, against us under a contract, shall not exceed twice the value of the sums paid to us under the contract in question.  Subject to paragraph 20 we shall not be liable to you for any loss of income or revenue suffered as result of any of the causes of action stated above or for any other losses that we could not foresee as likely to be suffered by you at the date of your acceptance of our quotation.

  
23. Nothing in these Terms is intended to affect your statutory rights as a consumer. 

24. We will keep any personal data (as defined in the Data Protection Act 1998) that we collect from you secure and shall only use such personal data for the purposes for which it is collected unless you consent to any further use at any time.  You may request copies of information that we hold about you, although we reserve the right to charge a fee subject to the maximum rate provided by statute, currently £10.

   
25. No delay or failure by either you or us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

26. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected. 

27. These Terms and any contract between us are governed by English law and the English courts shall have non-exclusive jurisdiction to settle any disputes.    
 
CONTACT DETAILS:

ThyssenKrupp Access Limited, trading as Ideal Stairlifts,

Unit E3 Eagle Court, De Havilland Avenue, Preston Business Farm Park, Stockton on Tees, Cleveland TS18 3TB
Registered Company Number 1166449 (Incorporated in England)
E-mail Customer Services:  vanessa.brown@idealstairlifts.co.uk
Telephone Number Customer Services 01642 610 000
Fax Number Customer Services 01642 610 008
VAT No. GB 876 5263 85